[ *** ] TEXT OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE
COMMISSION PURSUANT TO A CONFIDENTIAL TREATMENT REQUEST UNDER RULE 406 UNDER THE
SECURITIES ACT OF 1933, AS AMENDED AND 17 C.F.R. SECTION 200.80(b)(4)
EXHIBIT 10.11(C)
AMENDMENT TO ONE-YEAR RENEWAL OF
PIPELINE CAPACITY LEASE AGREEMENT
WHEREAS, Delek Refining, Ltd. ("Delek") and Plains Marketing, L.P.
("Plains") entered into that certain One-Year Renewal of Pipeline Capacity
Lease Agreement ("Agreement") effective January 1, 2005 through December 31,
2005, a copy of which is attached hereto and incorporated herein in its
entirety; and
WHEREAS, Delek and Plains ("Parties") desire to amend the Agreement insofar
as the monthly rental payable by Delek to Plains or the period of September 1,
2005 through December 31, 2005 to establish a fixed monthly rental whereas the
first 27,000 barrels per day of crude oil each calendar month will be [***] per
barrel and a reduced monthly rental rate of [***] per barrel for the volume in
excess of 27,000 barrels per day.
NOW, THEREFORE, in consideration of the Premises and the mutual covenants
conditions contained herein and in the lease, Delek and Plains hereby amend
said Agreement as follows:
Section 4 (Rent) is modified as follows:
For each calendar month in which the average deliveries is 27,000 barrels
per day of crude oil or less, the monthly rental shall be calculated as
follows:
Monthly Rental = Days in the month x the actual volume delivered up to and
including 27,000 barrels per day x [***] per barrel.
For each calendar month in which the average daily deliveries of crude oil
exceeds 27,000 per day, the monthly rental on the barrels in excess of
27,000 barrels per day shall be calculated as follows:
Monthly Rental = Volume in excess of the 27,000 barrels per day x [***]
per barrel.
As herein modified, the Parties ratify, adopt and confirm all the terms
and provisions of the Agreement attached hereto and incorporated within.
Plains Marketing, L.P. Delek Refining, Ltd. by it General Partner
By Plains Marketing GP Inc. Delek U.S. Refining, GP, LLC
Its General Partner
By: ▇.▇. ▇▇▇▇▇▇▇▇ By: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇
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Name: ▇.▇. ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇
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Title: V.P. Refinery Supply Title: Chief Operating Officer
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Date: Dec 21, 2005 Date: 1/15/06
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By: ▇▇▇▇ ▇▇▇▇▇▇▇
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Name: ▇▇▇▇ ▇▇▇▇▇▇▇
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Title: VP
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Date: 1/15/06
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[***] CONFIDENTIAL TREATMENT REQUESTED